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Motion For Preliminary Investigation

This document is an omnibus motion filed by the defense counsel on behalf of the accused Pablo Genovia Restauro Jr. and Erwin Llanto Castor. It requests (1) a preliminary investigation of the criminal charges by the City Prosecutor of Talisay City, (2) to defer the arraignment of the accused scheduled for February 3, 2016, and (3) to suspend court proceedings pending the resolution of the preliminary investigation. The motion argues that the accused were not able to submit evidence in their defense during the inquest proceedings and believe they could present a different resolution if given the opportunity to answer the charges against them in a preliminary investigation.

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6K views3 pages

Motion For Preliminary Investigation

This document is an omnibus motion filed by the defense counsel on behalf of the accused Pablo Genovia Restauro Jr. and Erwin Llanto Castor. It requests (1) a preliminary investigation of the criminal charges by the City Prosecutor of Talisay City, (2) to defer the arraignment of the accused scheduled for February 3, 2016, and (3) to suspend court proceedings pending the resolution of the preliminary investigation. The motion argues that the accused were not able to submit evidence in their defense during the inquest proceedings and believe they could present a different resolution if given the opportunity to answer the charges against them in a preliminary investigation.

Uploaded by

JurilBrokaPatiño
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RepublicofthePhilippines

MUNICIPALTRIALCOURT
7thJUDICIALREGION
BRANCH2
TalisayCity,Cebu
PEOPLEOFTHEPHILIPPINES,
Complainant,
versus

CriminalCaseNo.14944
For:VIOLOFSECTION93
OFR.A10654

PABLOGENOVIARESTAUROJR.and
ERWINLLANTOCASTOR,
Accused.
xx
OMNIBUSMOTIONFORPRELIMINARYINVESTIGATIONW/
MOTIONTODEFERARRAIGNMENT&TOSUSPEND
PROCEEDINGS
COMESNOW,theaccused,throughcounsel,intheaboveentitled
casesuntothisHonorableCourt,mostrespectfullyavers:
1.

ThattheinstantcasewasfiledbyvirtueofanInquest
Proceedings conducted by Inquest Prosecutor Maria
AliceLimInglesonDecember28,2015;

2.

Thatboththehereinaccusedonlylearnedofthefiling
of theinformationaftertheyreceivedaSubpoenaon
January 21, 2016 issued by this Honorable Court on
January 08, 2016 commanding them to appear on
February03,2016forthescheduledarraignmentofthis
case;

3.

ThatitwasonlyonJanuary22,2016,thattheaccused
engagedtheservicesoftheundersignedcounsel;

4.

That the herein accused failed to submit any counter


affidavitoranycontrovertingevidenceontheirbehalf;

5.

Thatboththeaccusedbelievedthatiftheywillbegiven
anopportunitytoanswerthechargesagainstthem,the
resolutioncouldhavebeendifferent;

6.

That the accused most respectfully prays that a


preliminary investigation for the instant case be
conductedbeforetheOfficeoftheCityProsecutorof
TalisayCity,Cebu;

7.

That this motion is not intended for delay but solely


uponabovementionedgrounds.

WHEREFORE, premises considered, and in the interest of


substantialjusticeitishumblyprayedthattheinstantMotionbegrantedand
the records of the instant case be transmitted to the Office of the City
Prosecutor of Talisay City for the conduct of Preliminary Investigation.
Movant further prays for the deferment of the arraignment and for the
suspensionofproceedingspendingresolutionofpreliminaryinvestigation.
Otherreliefsbegrantedasshallbedeemedjustandequitableinthe
premises
January26,2016.CebuCity,Philippines(ForTalisayCity)
RESPECTFULLYSUBMITTED.
THELAWFIRMOFPIRAMIDEFAMORJRCORPUZ
PATIO&PIRAMIDE
(CounseloftheAccused)
Suite222C.S.LadiaBldg.,P.DelRosarioSt.,
cor.JunqueraSt.,CebuCity
TelNo.(032)2540453
By:
JURILB.PATIO
RollofAttorneyNo.63966April27,2015
PTRORNo.8513641/11/2016
IBPORNo.101480601/05/16CebuCityChapter
MCLECOMPLIANCENo.Exempt
Emailadd:[email protected]

NOTICEANDREQUESTFORHEARING

TheBranchClerkofCourt
MTCBRANCH2
TalisayCity
Sir/Maam:
Please calendar the foregoing Motion for hearing on February 05,
2016at10:30oclockinthemorningorattheearliestpossiblecalendarof
thisHonorableCourt,sanspersonalappearanceofundersignedcounsel.

ATTY.JURILB.PATIO

Copyfurnished:
ATTY.MARIAALICEC.LIMINGLES
AssociateProsecutionAttorneyII
CityProsecutorsOffice
TalisayCityCebu

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